MOTABIR JAHAN SHAIKH Vs. SHAIKH AHMED SHAIKH

JUDGEMENT

(1.) HEARD. None present for the respondent / husband. This Revision Application is filed by the wife, whose application for maintenance came to be rejected by the Family Court in Application No. E-758/1993, vide judgment dated 22-9-1995.

(2.) THE applicant was required to file an application under S. 125 Cr. P. C. against respondent No. 1 for maintenance, as she was driven away from the matrimonial home, after being treated with cruelty, and thereafter refused and neglected to maintain her inspite of the fact that he is working at Igatpuri, in Railway department and at that time, he was getting salary of Rs. 3,500/- per month.

(3.) THE factum of marriage having been solemnised at Bombay between the parties as per Muslim Law is not disputed by the respondent husband. It is contended by him that he is not getting salary of Rs. 3,500/- and he is having liability to maintain his widow mother and one sister. On the other hand, petitioner's father is having big business of sarees and working in Karuna Company and that petitioner is earning Rs. 250/-to Rs. 300/- per month by stitching the clothes and selling sarees. Parties led their respective evidence and the learned Family Court held that the petitioner has failed to prove that respondent has neglected her without any reason and she was treated with cruelty and there is case made out for granting maintenance.